Contrat de location bateau
1. Broker CHARTER AGREEMENT
4. Name and Type of the vessel
– Length overall : M
– Beam : M
6. Number of passengers
7. Sleeping accomodations
8. Charter period :
– From :
– To :
9. Port of delivery
– Place :
– Date :
– Hour :
10. Port of re-delivery
– Place :
– Date :
– Hour :
11. Nb of crew
– Chef stewardess
12. Cruising area
13. Charter fee
– Charter fee € :
– VAT € :
– TOTAL € :
14. Advance provisioning € :
15 . Conditions
– The navigation time is at a cost of €………………..VAT included, per hour. However, the overtime fee may be increased if the vessel cannot be refuelled duty free.TRANSPORT OF PASSENGERS FOR COMMERCIAL PURPOSE.All parties acknowledge that this contract may be transmitted between them by facsimile machine and that faxed contracts containing either the original and/or copies of the parties’signature shall be binding.No smoking is permitted inside the Yacht.A crew gratuities is customary, but is given at the charterer’s discretion.
The owner and the charterer accept that clauses 1 to 27 inclusive from part of this agreement.
16. Schedule of payment
– Total due upon signing : Charter fee + A.P.A. =
Signature of the owner : Made in Cannes, The………………..
Signature of the charterer : Made in ………………..
The charter fee includes : the yacht with crew, insurance, yacht’s laundry. All navigation time will be paied by the charterer at the completion of the charter period. All others operating costs, such as food – for tenants, guests and crew – harbour fees and telecommunications and generally all costs not above mentionned, are to be paied by the charterer.
2) SECURITY DEPOSIT
The security deposit shall be held by the broker on the owner’s behalf and may be used in or towards discharging any liability that the charterer may incur under any of the provisions of this agreement but to the extend that it is not so used, the security deposit shall within twenty – four ( 24 ) hours of the end of the charter period of the settlement of all outstanding questions : whichever is the later, be refunded to the charterer without interest.
3) TERMS OF BUSINESS
(A) The owner and the charterer each agree that this charter has been negociated and this agreement has been entered into upon the broker’s terms of business current at the day hereof which shall apply ( as if expressly set out herewith ) to all matters directly or indirectly arising out of or in connection with this Agreement.
(B) The owner and the charterer hereby each agree with the broker that the broker is a party to this agreement for the purpose only of this clause and clause 7.
4) FORCE MAJEURE
In this agreement <<FORCE MAJEURE>> means any clause arising from or attributable to acts, events, non happenings, omissions, accidents or Acts of god beyond the reasonable control of the owner or the charterer ( including but not limited to, strikes, lock-outs, or other labour disputes, civil commotion, riots, blockage, invasion,war, fire, explosion, sabotage, storm, collision, grounding, fog, government act of regulation).
Both owner and charterer agree that the times scales mentioned in this agreement may be reasonably extented to any delay arising from FORCE MAJEURE circumstances.
All derelicts, salvages and towages after paying the crew’s proportion, wage and expenses shall be for owner’s and charterer’s equal benefit.
Any notice required or authorized to be given by either of the parties to the other may be given in any form of writing and shall be deemed to have been properly given if proven to have been dispatched prepaid and properly addressed in the case of a notice to the owner, to him or the broker at their afore mentioned respective addresses or, in the case of a notice to the charterer to his afore mentioned address or, where appropriate to him on board the Yacht.
(A) The owner and charterer agree that the broker’s commission shall be deemed to be earned by the broker upon the signing of this agreement and payable according to this clause ( D).
(B) In the event that the charterer, his guests or any person, firm or company acting on their behalf should be re-charter the yacht, then the broker shall be entitled to and shall be paied by the owner a commission on the gross charter hire payable pursuant to that further charter upon the same basis as provided herewith.
(C) If any agreement for the purchase of the yacht should be made within two-years between the owner and the charterer, his guests or any person, firm or company acting on their behalf or on their own account then the broker shall be entitled to and be paied by the owner the customary or normal brokerage commission.
(D) The owner and charterer agree that the broker having provided information and promoted this charter in good faith shall not be responsible for any loss, damage or injury to the person or property of the owner or charterer or any of their guests, servants or agents, of whatsoever nature and howsoever arising including, but not limited to, any errors of description, negligence or breach of dutty and in the event that the broker shall sustain any liability to any person, firm, company or authority as a result of promoting or assisting in the performance of this charter the owner and charterer shall jointly and severally indemnity and hold harmless the broker for any loss or damage thereby sustained.
(E) All funds received by the broker against this agreement shall be held by him as stakeholder in a client account fifty percent ( 50%) of the charter fee shall be paied to the owner after deductoin of the full commission within seven (7) days before the date of embarkation. The advance provision together with any delivery or redelivery fees shall also be paied at this time to the owner. The balance of the charter fee shall be paied to the owner promptly upon completion of the charter.
Any dispute in connection with the interpretation and fulflment of this agreement shall be decided by arbitration. Each party shall appoint their own arbitror and, if necessary, the two arbitrors shall appoint a third arbitrator whose decision will be final and binding. This agreement is construed in accordance with the laws of the Grand-Duchy of Luxembourg.
CHARTERER’S RIGHTS AND OBLIGATIONS
The charterer agrees to hire the yacht and shall pay the charter fee, the security deposit and any other agreed charges, on or before the dates and by the means specified in this agreement.
10) DELIVERY / REDELIVERY
(A) The charterer at the beginning of the charter agrees to take delivery of the yacht at the port of delivery and is responsible for the operating costs from there onwards, until the end of the charter when the yacht will be delivered to the port of redelivery.
(B) The charterer shall re-deliver the yacht to the owner free of any debts incurred for the charterer’s account during the charter period and in as good a condition as when delivery was taken, except for fair wear & tear arising from ordinary use.
11) MAXIMUM NUMBER OF PERSONS
The charterer shall not any time during the charter period permit more than the maximum number of persons in the charty party ( excluding crew ) to sleep and eat regularly on board the yacht. Where children are taken on board the charterer shall be fully responsible for their safety, conduct and entertainment and no member of the crew shall called upon or be in any way responsible for their safety or entertainment.
12) USE OF THE YACHT
The charterer shall use the yacht exclusively as a pleasure vessel for the use of himself and his guests. The charterer shall ensure that no pets, or other animals are brought on board the yacht without the consent in writing of the owner. Narcotics & weapons shall not be carried or used in the yacht. The charterer shall ensure that the use by him and his guests shall no cause any nuisance or offence to any person.
The charterer shall comply, and shall ensure that his guests comply with the laws and regulations of any country into whose waters the yacht shall enter during the course of this agreement.
The charterer shall ensure that any bonded stores or other merchandise which may be aboard the yacht are cleared throught customs before being taken ashore.
If the charterer or any of his guests shall commit any offence contrary to the laws and regulation of any country, which results in any member of the crew of the yacht being detained, fined or imprisoned, or the yacht being detained, arrested or seized, the charterer shall indemnify the owner against all loss, damage and expense incurred by the owner as a result and the owner may be by notice to the charterer terminate this agreement forthwith.
13) CRUISING AREA
The charterer shall restrict the cruising of the yacht to within the cruising area and shall also restrict time under way to an average of six (6) hours per day, unless the captain in his sole discretion agrees to exceed this time.
The charterer shall not assign this agreemnet or sub-let the yacht without the consent in writing of the owner, which consent may be on such terms as the owner thinks fit.
15) OPERATING COSTS
The charterer shall in respect of the whole of the charter period be responsible for and pay to the captain the costs as defined by the terms set in clause 1 and attached addendum. Notwithstanding the advance provisioning allowance the charterer shall ensure that he has sufficient fund available with him ( in cash or traveler’s cheques ) to pay for any costs incurred by him and his guests.
If at the end of the charter period any communication costs have not been ascertained the costs thereof shall be estimated by the captain and shall be paied for accordingly, but these costs shall be substantiated by receipts to be passed to the charterer as soon as possible after completion of the charter at which time the charterer shall immediately pay to the owner or the broker any amount outstanding or the charterer shall be immediately repaied any excess he has paid.
The charterer shall be entitled to the benefit of the owner’s insurances and unless recoverable under the yacht’s insurance the charterer shall be responsible to the owner for any loss, damage or injury caused by any wilful or negligent acts of himself or his guests and shall give prompt notice to the owner of any event which may give rise to a claim.
17) BREAKDOWN OR DISABLEMENT
If the yacht is lost or is so extensively disabled that the Yacht cannot be repaired within twenty-four (24) hours or a period equivalent in time to one tenth ( 1/10 ) of the charter period, whichever is the longer, the charterer may terminate this agreement by notice to the owner or the broker and as soon as practicable after such termination the charter fee shall be refunded immediately by the owner pro-rata for that part of the charter period which commenced after the time of loss or disablement. In these circumstances, the charterer may effect redelivery by giving up possession of the yacht where she lies. The charterer shall be entitled to reciver from the owner the necessary cost to himself and his guests in respect of fares and accomodation in returning to the port of redelivery.
18) DELAY IN REDELIVERY
If the charterer fails to re-deliver the yacht to the owner at the port of re-delivery ( except for force majeure ) due to intentional delay or change of itinerary against the captain or owner’s advice, then the charterer shall pay to the owner demurrage at the daily rate plus fifty per cent ( 50% ) of that daily rate and if the delay in redelivery exceeds twenty-four ( 24 ) hours the charterer shall be liable to indemnify the owner for any loss or damage which the owner shall suffer by reason of deprivation of the use of the yacht or cancellation of , or delay in delivery for any subsequent charter of the yacht. Otherwise it is understood that the redelivery of the yacht shall be the responsability of the captain.
SIGNATURE OF THE CHARTERER
OWNER’S RIGHTS & OBLIGATIONS
19) AGREEMENT TO LET
The owner shall let the yacht for the charter period and agrees not to enter into any another agreement for the charter of the yacht for the same period, and agrees not to sell the yacht before the completion of the charter period, unless otherwise ageed by the charterer.
The owner shall at the beginning of the charter deliver the yacht to the port of delivery in full commission and working order, seaworthy, clean in good conditoin throughout and ready for service, with full equipment including up to date safety and life-saving equipment ( including life-jackets for children if any are carried in the charter party ) as required by the yacht’s registration authority, and fitted out as a ppropriate for a yacht of her size and type and enabling the charterer to use the yacht as set out in clause 12.
21) CREW / SUNDRIES
The owner shall provide a properly qualified captain approved by the insurers of the yacht, and a properly qualified crew, uniformed, fed and insured, and also according to the standard of the yacht, certain items normally found in hotel accomodation, i.e. napkins, tissues, tollet, paper, soap, deodorant and basis galley products. The charter fee shall also include all cleaning materials, bed linen, towels etc… and the laundry of the said items.
If the owner or the broker shall be given by the charterer notice of cancellation of this agreement on or at any time before commencement of the charter period, or if the charterer shall fail, after notice, to pay any amount payable under this agreement, the owner shall be entitled to treat this agreement as having been repudiated by the charterer and to retain the full amounts of all payments made to the owner, or the broker, before repudiation. If however, the owner is before commencemeent of the charter period, able to re-let the yacht to another charterer for the same period and upon terms and conditions no less favourable to the owner than the terms and conditions of this agreement, the owner or the broker less a sum equal to all expenses ( including commissions ) incurred by him in connection with the letting to the charterer and such re-letting.
23 ) DELAY IN DELIVERY
(A) If for any reason, the owner is unable to deliver the yahct to the charterer at the port of delivery at the commencement of the charter period the owner shall pay or allow to the charterer demarrage at pro-rata daily rate or, if it be so mutually so agreed, shall allow a pro-rata extension of the charter period.
(B) (B) If by reason of force majeure, delivery has not been made by the owner within twenty-four (24) hours, or after a period equivalent in time to one tenth ( 1/10) of the charter period, whichever period is the shorter, after the due time of delivery the charterer shall be entitled to treat this agreement as having been repudiated by the owner and, as an exclusively remedy, to repayment, without interest, of the full amount of payments made by the charterer to the owner or the brokerer, if it be mutually agreed, shall allow a pro-rata extension of said-period.
(C) © If however, otherwise tahn by reason of Force majeure, delivery has not benn made by the owner within the aforesaid period the charterer shall be entitled to treat this agreement as repudiated by the owner and as an exclusive remedy, in addition to repayment, without interest, of the full amount made by the charterer to the owner or the broker, be entitled to be paied by the owner, by way of liquidated damages, an amount equivalent to 15% of charter fee.
24) BREAKDOWN OR DISABLEMENT
If after delivery the yacht at any time is disabled by breakdown of machinery, grounding, collission or other cause so as to prevent reasonable use of the yacht by the charterer for a period of not less than twenty-four(24) consecutive hours, and the disablement has not been brought about by any act or default of the charterer, the owner shall make a pro-rate return of the charter fee or, if it be mutually so agreed, shall allow a pro-rata extension of the charter period in either case from such a time as the yacht shall be disabled or unfit for use.
The owner shall insure the yacht under a marine insurance contract including coverage for charter, insurance of the crew and third party liability cover to and of the charterer and his guests all such insurances shall be on such terms and subject to such deductables as shall be customary for a yacht of this size and type on charter. The owner shall ensure that the yacht carries on board such valid insurance documentation. Upon request, the owner shall provide evidence of third party coverage.
26) CAPTAIN’S AUTHORITY
The owner shall ensure that the captain shall show the charterer the same attention as if the charterer were the owner and the captain shall comply with all reasonable orders given to him by the charterer regarding the management, operation and movement of the yacht, wind , weather and other circumstances permitting. The captain shall not, howerver be bound to comply with any order which , in the opinion of the captain might result in the yacht moving to any port or place that is not safe and proper for her to be in or might result in the charterer failing to redeliver the yacht upon the expiration of the charter period or would, in the reasonable opinion of the cpatain, cause a breach of clause 12. Further, without prejudice to any other remerdy of the owner, if in the reasonable opinon of the captain, the charterer or any of his guests fail to observe all or any of the provisions in cluse 12 and if such failure continues after the captain has given due and specific warning to the charterer in writing inrespect of the same, the captain shall be entitled to return the yacht to the port of redelivery and upon such return the charter period shall be terminated and the charterer shall not be entitled to be refunded all or part of the charter fee.
The owner shall not be liable in respect of any matter arising out or in connection with this agreement unless the charterer has given to the owner or the broker on the owner’s behalf notice of his complaint, specifying the grounds of the complaint, not later than twenty-four(24) hours after the expiration of the charter period, or where practicable, after the expiration of the charter peroid or , where practicable after the time when the event giving rise to the complaint occurs.
SIGNATURE OF THE OWNER